<div class="chunk-title">Sec. 36-145. - Definitions and rules of construction.</div>
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            <p class="p0">
               The following words, terms and phrases, when used in this article, shall have the
               meanings ascribed to them in this section, except where the context clearly indicates
               a different meaning. Where a word or term is not defined, the state building code
               meaning or the customary dictionary meaning shall apply.
               
            </p>
            <p class="p0">
               <span class="ital">Adult use</span> means any use defined as an adult establishment by G.S. 14-202.10.
               
            </p>
            <p class="p0">
               <span class="ital">Building</span> means any structure enclosed and isolated by exterior walls constructed or used for
               residence, business, industry or other purposes. The term "building" includes the
               term "structure."
               
            </p>
            <p class="p0">
               <span class="ital">Building setback line</span> means a line parallel to or concentric with the street right-of-way, property line
               or high-water mark establishing the minimum allowable distance between such right-of-way,
               property line or high-water mark and the nearest portion of any building, excluding
               the outermost three feet of any uncovered porches, decks, steps, eaves, gutters and
               similar fixtures.
               
            </p>
            <p class="p0">
               <span class="ital">Building/structure height</span> means the vertical distance measured from mean sea level (NAVD 1988) to the highest
               roof surface or to the highest non-exempt part of the building/structure. Parts of
               buildings/structures that are exempt from the maximum height measurements and requirements
               are: Chimneys, antennas, weather instruments, and church steeples [see the Hyde County,
               North Carolina Table of Development Standards in section<a href="" data-chunk-id="PTIICOOR_CH36SU_ARTVIIOCDE_DIV2ADEN_S36-174ISCEOC" class="section-link" data-product-id="14661"> 36-174</a>(1) for maximum allowable building/structure height].
               
            </p>
            <p class="p0">
               <span class="ital">Commercial use</span> means a structure used in the sale of products or services. In rare instances, where
               a structure and use can be proved not to require the defined parking under this article,
               it may be considered on a case-by-case basis.
               
            </p>
            <p class="p0">
               <span class="ital">Dwelling unit</span> means a single-family dwelling unit providing complete, independent living facilities
               for a single family, including permanent provisions for living, sleeping, cooking
               and sanitation.
               
            </p>
            <p class="p0">
               <span class="ital">Family</span> means one or more persons occupying a single-family dwelling unit; provided that
               unless all members are related by blood or marriage, no such family shall contain
               more than five persons.
               
            </p>
            <p class="p0">
               <span class="ital">Impervious surface area. </span>
               
               <p class="incr1">
                  (1)
                  
               </p>
               		
               <p class="content2">
                  The term "impervious surface area" means that portion of a site that allows little
                  or no filtration of precipitation into the soil. The term "impervious surface areas"
                  includes, but is not limited to, that portion of a development project that is covered
                  by:
                  
               </p>
               		
               <p class="incr2">
                  a.
                  
               </p>
               		
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                  Buildings;
                  
               </p>
               		
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                  b.
                  
               </p>
               		
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                  Pavement, paved roads, paved parking lots, paved paths, patios, paved driveways, and
                  streets;
                  
               </p>
               		
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                  c.
                  
               </p>
               		
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                  Recreational facilities (e.g., tennis courts); and
                  
               </p>
               		
               <p class="incr2">
                  d.
                  
               </p>
               		
               <p class="content3">
                  Septic tanks, etc.
                  
               </p>
               		
               
               <p class="incr1">
                  (2)
                  
               </p>
               		
               <p class="content2">
                  The term "impervious surface area" does not include:
                  
               </p>
               		
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                  a.
                  
               </p>
               		
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                  Wooden slatted decks;
                  
               </p>
               		
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                  b.
                  
               </p>
               		
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                  The water area of a swimming pool; and
                  
               </p>
               		
               <p class="incr2">
                  c.
                  
               </p>
               		
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                  Gravel parking or driveways.
                  
               </p>
               		
               
            
            <p class="p0">
               <span class="ital">Lodging unit</span> means one room, or rooms connected together, that are offered for occupancy to transient
               guests for compensation.
               
            </p>
            <p class="p0">
               <span class="ital">Lot</span> means a parcel of land which abuts and has egress and ingress by means of a public
               right-of-way or private street or easement and which is occupied or intended to be
               occupied by a building or group of buildings as provided herein with the customary
               uses and open space. The term "lot" includes the terms "plot," "parcel" or "tract."
               
            </p>
            <p class="p0">
               <span class="ital">Lot area</span> means the total horizontal area included within the lot lines. The term "lot area"
               includes any area within the deed description which is subject to the right-of-way
               of any public or private road or which is subject to any utility easement.
               
            </p>
            <p class="p0">
               <span class="ital">Lot coverage.</span>
               
               <p class="incr1">
                  (1)
                  
               </p>
               		
               <p class="content2">
                  The term "lot coverage" means that portion of the lot area, expressed as a percentage,
                  that is occupied and obstructed by an improvement or a structure aboveground including,
                  but is not limited to:
                  
               </p>
               		
               <p class="incr2">
                  a.
                  
               </p>
               		
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                  Buildings;
                  
               </p>
               		
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                  b.
                  
               </p>
               		
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                  Decks, paved parking areas, private sidewalks of impervious surfaces, paved driveways
                  and paved roadways; and
                  
               </p>
               		
               <p class="incr2">
                  c.
                  
               </p>
               		
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                  Any accessory use or structure requiring location on or aboveground.
                  
               </p>
               		
               
               <p class="incr1">
                  (2)
                  
               </p>
               		
               <p class="content2">
                  The following exemptions shall be allowed for residential lot coverage calculations:
                  
               </p>
               		
               <p class="incr2">
                  a.
                  
               </p>
               		
               <p class="content3">
                  "Wet" or water area of the swimming pool shall be exempt from the lot coverage calculations,
                  however, this exemption for the "wet" or water area of the pool shall not exceed 500
                  square feet of area. Pool aprons and decking shall be counted as lot coverage;
                  
               </p>
               		
               <p class="incr2">
                  b.
                  
               </p>
               		
               <p class="content3">
                  Wooded walkways over estuarine areas, six feet or less in width; and
                  
               </p>
               		
               <p class="incr2">
                  c.
                  
               </p>
               		
               <p class="content3">
                  Peat system pods shall be exempt from the lot coverage calculations since they help
                  mitigate contamination caused by stormwater runoff.
                  
               </p>
               		
               
            
            <p class="p0">
               <span class="ital">Motel</span> means any group of separate or connects dwelling units or lodging units used for
               the purpose of accommodating transient guests whether designated as a motel, hotel,
               inn, motor lodge or otherwise.
               
            </p>
            <p class="p0">
               <span class="ital">Number</span> means the singular or plural number each includes the other unless expressly excluded.
               
            </p>
            <p class="p0">
               <span class="ital">Parking space</span> means a vehicular storage space of no less than ten feet by 20 feet, plus the necessary
               access space. The term "parking space" shall always be any dedicated right-of-way.
               
            </p>
            <p class="p0">
               <span class="ital">Person</span> includes a firm, partnership, company, organization, trust, association, corporation
               or any other entity as well as an individual.
               
            </p>
            <p class="p0">
               <span class="ital">Public recreation use</span> means any recreation activity open to the general public for a fee, including games
               of skill, game machines, climbing walls and pool halls.
               
            </p>
            <p class="p0">
               <span class="ital">Seat</span> means a chair or other device located either inside or outside of a restaurant where
               patrons are served. Where larger seats are used, such as benches or other means, each
               18 inches of width shall constitute a seat.
               
            </p>
            <p class="p0">
               <span class="ital">Shall, may.</span> The term "shall is mandatory. The term "may" is permissive.
               
            </p>
            <p class="p0">
               <span class="ital">Sign.</span>
               
               <p class="incr1">
                  (1)
                  
               </p>
               		
               <p class="content2">
                  The term "sign" means any surface, fabric or device bearing letters, pictorial or
                  sculptured matter designed to convey information visually and exposed to public view,
                  or any structures, including billboard or poster panels designed to carry visual information.
                  
               </p>
               		
               
               <p class="incr1">
                  (2)
                  
               </p>
               		
               <p class="content2">
                  The term "sign" does not include the following in the application of these regulations:
                  
               </p>
               		
               <p class="incr2">
                  a.
                  
               </p>
               		
               <p class="content3">
                  Signs not exceeding one-square-foot in area and bearing only property numbers, post
                  box numbers, names of occupants of premises or other identification not having commercial
                  connotations;
                  
               </p>
               		
               <p class="incr2">
                  b.
                  
               </p>
               		
               <p class="content3">
                  Flags and insignia of any government, except when displayed in connection with any
                  commercial promotion;
                  
               </p>
               		
               <p class="incr2">
                  c.
                  
               </p>
               		
               <p class="content3">
                  Legal notices, identification, informational or directional signs erected or required
                  by governmental bodies or public bodies;
                  
               </p>
               		
               <p class="incr2">
                  d.
                  
               </p>
               		
               <p class="content3">
                  Integral decorative or architectural features of buildings, except letters, trademarks,
                  moving parts or moving lights; and
                  
               </p>
               		
               <p class="incr2">
                  e.
                  
               </p>
               		
               <p class="content3">
                  Sign directing and guiding traffic and parking or private property, but bearing no
                  advertising matter.
                  
               </p>
               		
               
            
            <p class="p0">
               <span class="ital">Sign area.</span>
               
               <p class="incr1">
                  (1)
                  
               </p>
               		
               <p class="content2">
                  The term "sign area" means the area of a sign computed as including the entire area
                  within a regular geometric form or combination of regular geometric forms comprising
                  all of the display area of the sign and including all of the elements of the matter
                  displayed.
                  
               </p>
               		
               
               <p class="incr1">
                  (2)
                  
               </p>
               		
               <p class="content2">
                  The term "sign area" does not include frames and structural members not bearing advertising
                  matter.
                  
               </p>
               		
               
               <p class="incr1">
                  (3)
                  
               </p>
               		
               <p class="content2">
                  The area of a double-faced sign shall be the area of one face of the sign; provided
                  that the two faces are of the same size and are parallel to one another with no more
                  than 24 inches between each sign face.
                  
               </p>
               		
               
            
            <p class="p0">
               <span class="ital">Structure</span> means anything constructed or erected, the use of which requires location on the
               ground, or attachment to something having location on the ground.
               
            </p>
            <p class="p0">
               <span class="ital">Tense</span> means the present or past tense and includes the future.
               
            </p>
            <p class="p0">
               <span class="ital">Travel trailer</span> means a wheeled vehicle constructed and licensed to be permitted for public streets
               or highways duly designed for short-term occupancy, travel, and recreational and/or
               vacation use. A travel trailer that is temporarily or permanently connected to utilities
               by definition is a dwelling unit. Utilities include, but are not limited to, electricity,
               water, septic system, cable, and/or telephone. A travel trailer connected to any such
               utilities must be in accordance with<a href="" data-chunk-id="PTIICOOR_CH36SU_ARTVIIOCDE_DIV2ADEN_S36-174ISCEOC" class="section-link" data-product-id="14661"> section 36-174</a> and/or<a href="" data-chunk-id="PTIICOOR_CH36SU_ARTVIIOCDE_DIV2ADEN_S36-182TEST" class="section-link" data-product-id="14661"> section 36-182</a>.
               
            </p>
            <p class="p0">
               <span class="ital">Use</span> means:
               
               <p class="incr1">
                  (1)
                  
               </p>
               		
               <p class="content2">
                  Any purpose for which a building or other structure or a tract of land may be designated,
                  arranged, intended, maintained or occupied; or
                  
               </p>
               		
               
               <p class="incr1">
                  (2)
                  
               </p>
               		
               <p class="content2">
                  Any activity, occupation, business or operation carried on, or intended to be carried
                  on, in a building or other structure or on a tract of land.
                  
               </p>
               		
               
            
            <p class="p0">
               <span class="ital">Used</span> or<span class="ital">occupied</span>, as applied to any land or building, includes the terms "intended," "arranged," or
               "designed to be used or occupied."
               
            </p>
            <p class="p0">
               <span class="ital">Variance.</span>
               
               <p class="incr1">
                  (1)
                  
               </p>
               		
               <p class="content2">
                  The term "variance" is a relaxation of the terms of this article where such variance
                  will not be contrary to the public interest and where, owing to conditions peculiar
                  to the property and not the result of the actions of the applicant, a literal enforcement
                  of this article would result in an unnecessary and undue hardship. As used in this
                  article a variance is authorized only for the area, and size of the structure or the
                  size of yards and open spaces.
                  
               </p>
               		
               
               <p class="incr1">
                  (2)
                  
               </p>
               		
               <p class="content2">
                  The term "variance" does not include and will not be granted for:
                  
               </p>
               		
               <p class="incr2">
                  a.
                  
               </p>
               		
               <p class="content3">
                  The establishment or expansion of any use otherwise prohibited; or
                  
               </p>
               		
               <p class="incr2">
                  b.
                  
               </p>
               		
               <p class="content3">
                  Because of the presence of nonconformity in other areas.
                  
               </p>
               		
               
            
            <p class="historynote0">
               (Ord. of
               <a class="ordinance-link" href="" data-product-id="14661" data-ordinance-id="1048032">
                  7-6-2020(1)
                  </a>
               , Â§ 1; Ord. of
               <a class="ordinance-link" href="" data-product-id="14661" data-ordinance-id="1137947">
                  2-7-2022
                  </a>
               , Â§ 1)
               
            </p></div>